Part-Time Workers Serving For Decades Entitled To Regularization; 'Uma Devi' Ruling Cannot Be Weaponized To Deny Legitimate Claims: Rajasthan High Court Order Rejecting Or Allowing To Register FIR U/S Section 156(3) CrPC Application Is Not Interlocutory; Criminal Revision Is Maintainable: Punjab & Haryana High Court Default Bail | Failure To Produce Accused During Hearing For Extension Of Remand Time Is Gross Illegality, Violates Article 21: Andhra Pradesh High Court Section 138 NI Act Liability Of Directors Subsists Despite Initiation Of Liquidation Proceedings Against Company: Supreme Court Purchaser Of Property For Valuable Consideration Cannot Be Accused Of Cheating Original Owner If Title Document Is Forged: Supreme Court Appointment Of Minor To Public Post Is Per Se Illegal, Void Ab Initio: Allahabad High Court Arbitral Tribunal Cannot Abdicate Duty To Decide Limitation Objection Merely Because High Court Appointed Arbitrator: Allahabad High Court Deemed Conveyance Cannot Be Restricted To Building Footprint; Must Include Appurtenant Open Spaces Required By Planning Law: Bombay High Court Mere Discovery Of Accused's Presence At A Location Not A 'Fact Discovered' Under Section 27 Evidence Act: Delhi High Court Acquits Official In 1989 Bribe Case Section 307 IPC Is Not A 'Minor Offence' To Section 324 IPC; Accused Cannot Be Convicted For Attempt To Murder If Only Charged With Voluntarily Causing Hurt: Delhi High Court Landowners Under National Highways Act Entitled To 15% Interest On Enhanced Compensation; Denial Is Discriminatory: Punjab & Haryana HC Omission Of Village Name In Gazette Notification No Bar To Laying Transmission Lines If Area Falls 'Around' Notified Route: Orissa High Court NBFCs Cannot Use Force For Vehicle Repossession; Coercive Debt Recovery Violates Right To Livelihood Under Article 21: Uttarakhand High Court Non-Candidates Cannot Be Impleaded As Parties In Election Petitions Even If Allegations Of Impropriety Are Made: J&K&L High Court Lowest Bidder Has No Vested Right To Contract; Budgetary Constraints Valid Ground To Cancel Tender: Jharkhand High Court Confiscation Of Vehicle Under Section 49 Assam Forest Regulation Is Only Temporary; Final Confiscation Requires Conviction Under Section 51: Gauhati High Court Amendment Of Written Statement Cannot Be Allowed After Trial Commences If Facts Were Within Party's Knowledge: Delhi High Court

Insistence on OBC-NCL Certificate Within Arbitrary Timeframe is Unconstitutional - Delhi High Court Sets Aside AIIMS' Admission Cancellation

07 May 2024 8:19 AM

By: Admin


In a landmark judgment, the Delhi High Court set aside the cancellation of admission of an OBC-NCL category candidate by the All India Institute of Medical Sciences (AIIMS) due to late submission of the OBC-NCL certificate. Hon'ble Mr. Justice Purushaindra Kumar Kaurav, presiding over the case, declared that the timeframe stipulated by AIIMS for the submission of OBC-NCL certificates was arbitrary and unconstitutional.

The petitioner, Ravi Kumar, had his candidature cancelled by AIIMS for a postgraduate medical course. The reason cited was his failure to submit the OBC-NCL certificate within the timeframe stipulated in the AIIMS prospectus. Represented by Mr. Amitesh Kumar, Ms. Priti Kumari, and Mr. Mrinal Kishor, the petitioner challenged this cancellation, arguing it lacked a rational nexus with the objective of reservation.

Justice Kaurav, in his ruling, noted, "The insistence by the respondent on the submission of the OBC-NCL certificate issued during the given cut-off date, is arbitrary and has no rational nexus with the object of reservation." He further emphasized the distinction between technical/academic qualifications and the OBC-NCL certificate, stating that the latter merely confirms an existing fact and should not nullify a candidate’s fundamental right to fair consideration under the reservation policy.

The court's decision underlines the importance of ensuring fair and rational criteria in the implementation of reservation policies. It highlights that administrative procedures should not become hurdles in realizing constitutional promises of equality and affirmative action.

The court directed AIIMS to accept the petitioner's fresh OBC-NCL certificate, dated 23.11.2023, and confirmed his admission which was previously granted under an interim order.

Date of Decision: 2nd February 2024

Ravi Kumar  VS All India Institute Of Medical Sciences 

Latest Legal News